[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR460.54]



[Page 433]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 460_PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)--Table 

 

        Subpart D_Sanctions, Enforcement Actions, and Termination

 

Sec.  460.54  Termination procedures.



    (a) Except as provided in paragraph (b) of this section, if CMS 

terminates an agreement with a PACE organization, it furnishes the PACE 

organization with the following:

    (1) A reasonable opportunity to develop and implement a corrective 

action plan to correct the deficiencies that were the basis of CMS's 

determination that cause exists for termination.

    (2) Reasonable notice and opportunity for hearing (including the 

right to appeal an initial determination) before terminating the 

agreement.

    (b) CMS may terminate an agreement without invoking the procedures 

described in paragraph (a) of this section if CMS determines that a 

delay in termination, resulting from compliance with these procedures 

before termination, would pose an imminent and serious risk to the 

health of participants enrolled with the organization.